Who to lodge complaint with?

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kazzy

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Post by kazzy » Fri Nov 09, 2012 4:41 pm
Hi all,
It's been a long time since my last post but I've still been popping back on the forum from time to time xx
I've had quite a shock today and need advice. I know I need to make an official complaint about what's happened but I don't really know what body I should be complaining to! Any help appreciated :)

I made my last payment to DFD in Aug 2011 - I had a claim pack sent to me by EIF at around the same time. I rang both DFD and EIF and explained that because we'd paid 100% plus fees and everything else I wouldn't be claiming through EIF and they couldn't force it as there was no need to introduce further funds to the IVA - this was fine, all was agreed that they wouldn't act and DFD wouldn't pursue it - Simple....
I recieved my completion cert in early Feb, dated 26th Jan 2012, so all done and dusted you would think...
Today I get letter from EIF - sending me funds for my claim from 2 lenders (minus 33% that they kept) - imagine the reaction! What??!?!
I rang EIF and this action was not for PPI but was started in line with the OFT ruling on unlawful default charges in JULY 2012!! After going slightly mental down the phone at the poor guy, he did some discovering, and found that DFD had not told them in Jan 2012 that we were discharged from the insolvency and that they didn't need my permission to act because as far as they were concerned they had the go ahead from DFD...
This guy is chasing DFD (the lady he's got to speak to out of office till Monday) but I'm really annoyed by it all. I need to lodge this with some kind of official body but don't know where to start.

Incidentally EIF have said they will give us all monies and not keep their 33% as they shouldn't have claimed... but frankly I'm amazed this kind of mistake can be made!!
He also asked if I had a variation certificate and told me I should have one as well as a CC. That's a new one on me?! As far as I'm aware all my paperwork's in order!
Any thoughts anyone?!?

P.S Hope this post makes sense, am still a bit angry about it all - feels like a violation :(
 
 

UpToMyNeckInIt

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Post by UpToMyNeckInIt » Fri Nov 09, 2012 5:31 pm
The Insolvency Service publish a 'How to Complain' leaflet. It's a free pdf download, and has all the information you are likely to need.

Here is the link: http://www.insolvency.gov.uk/pdfs/guida ... laints.pdf

Good Luck.
My opinions are just that: Based on my experience and being a self-employed IVA customer.
 
 

UpToMyNeckInIt

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Post by UpToMyNeckInIt » Fri Nov 09, 2012 5:39 pm
Oops - wrong link - I think this is aimed more at how to complain about the insolvency service.

My understanding is that, if you have tried dealing direct with your IP but to no avail, you should complain to their accredited body.
My opinions are just that: Based on my experience and being a self-employed IVA customer.
 
 

sponge

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Post by sponge » Fri Nov 09, 2012 6:24 pm
Kazzy well if you feel that strongly about it, send the money back, or do a decent thing and send the money to this sites author Andy Davie and I'm sure he'll be able to give it to some posters who really are in the sh**. in their IVA. I’m thinking you'll not elect either idea and keep that lovely dosh, ehhh!

Just so don't think I'm having a dig. I do understand you have done fiscal prison and can get a little angry if the opportunity presents itself. I myself was horribly rude to Melanie Giles, who has been more than forgiving, I’m still embarrassed about it a year down the road.

IVA CC received Sept 2011 RIP
 
 

MelanieGiles

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Post by MelanieGiles » Fri Nov 09, 2012 6:27 pm
I mau be missing something here - but if you have received money that you were not expecting, and the claims management company is going to refund all fees - are you not in a win-win sitution?

I don't remember you being rude to me sponge - send me the link so I can remind myself of this!!!
Regards, Melanie Giles, Insolvency Practitioner
 
 

lem

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Post by lem » Fri Nov 09, 2012 6:31 pm
Mel I think the OP wants to complain at the fact that despite paying their full debts back in the IVA, DFD didn't inform EIF of this, even though it has been cleared up and EIF are waiving their fee (more than reasonable in the circumstances considering they have done work now for nothing).

Personally I can understand why you are a bit mortified about what 'could' have happened but I would just want to put the whole sorry saga behind me, you aren't going to be out of pocket and you're going to have a nice little sum moving forward, I'd be grateful for that, it sounds like a simple communication error on DFD's part, it happens, we're all human, but hey, nobody died!
 
 

kazzy

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Post by kazzy » Fri Nov 09, 2012 6:56 pm
oh my bad, admin please delete this thread - didn't realise I'd get ridiculed about it
 
 

MelanieGiles

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Post by MelanieGiles » Fri Nov 09, 2012 7:04 pm
I don't think I was ridiculing you kazzy - but I guess the claims process had been started before you had paid your debts in full - and perhaps an assumption was made that because you had made the claim in the first place you would still want to go ahead with it.
Regards, Melanie Giles, Insolvency Practitioner
 
 

dawnyosf

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Post by dawnyosf » Fri Nov 09, 2012 7:11 pm
Kazzy
I'm fully with you on this one, and please don't let others put you off complaining....it seems like everyone thinks as long as you've got some dosh out of it, why are you worried?
I would be absolutely livid if this happened to me, we pay the IP an awful lot of money to 'act' for us & the creditors, in a 'professional' manner, and to have another company claim something on your behalf, without your specific authority, after you had paid your debt in full, is disgraceful, and rather than brushing it under the carpet as 'no harm done', it needs to be addressed, otherwise some companies will keep getting away with their slap dash administration...wishing you all the best
 
 

MelanieGiles

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Post by MelanieGiles » Fri Nov 09, 2012 7:14 pm
How could the claim have been made without kazzy's agreement dawnosf?
Regards, Melanie Giles, Insolvency Practitioner
 
 

sponge

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Post by sponge » Fri Nov 09, 2012 7:15 pm
Oh I was and Andy Davie gave me a right telling off, which I wholly deserved.

My IVA went just perfect right until the end (same old story) and one individual made my life miserable, she was spiteful and vindictive, tainted it all. The IP had to intervene in the end, it got that bad! And when he did, he dealt with me direct and closed it out fast, so no complaint on that note

But I was just thinking when you get your CC it can be a little cold, no what to do next, not that I was expecting a fanfare, but made me a little lost, and angry sort of tends to rise, I don’t know why, just some sort of psychological response.

Hence well you know grrr an all that!
 
 

lem

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Post by lem » Fri Nov 09, 2012 7:40 pm
Oh Kazzy please don't feel people are ridiculing you, from my perspective I was simply trying to say that in your position after 5 years of restriction I would just want to move on, no harm has been done and life is too short to just get stressed angry and upset over something that at the end of the day hasn't caused you any issue really.
 
 

sponge

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Post by sponge » Fri Nov 09, 2012 7:43 pm
Kazzy no one was ridiculing you, just the practical point it serves no end, I do know how you feel. But take time to be reflective. DFD did save your bacon to begin with, yes I know the claims thing is annoying (You get my vote on that) but overall you are debt free, you have a bit of cash, and that put's you in a very small lucky minority in the UK.

As you know IP's are busy trying to close off cases and by complaining you maybe just be holding up someone else getting there long overdue CC with the time taken to investigate your complaint.
 
 

Niobe

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Post by Niobe » Fri Nov 09, 2012 7:55 pm
Kazzy - nobody is ridiculing you at all.
 
 

kazzy

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Post by kazzy » Fri Nov 09, 2012 8:10 pm
The claim was made without my agreement, or knowledge.
DFD ceased any relationship with me in Jan 2012, this claim was started by EIF in July 2012, six months after I completed. They did not contact me at all and I knew nothing of their actions until today. That's what's angered me.
They've acted in my name without my consent - oh and btw, the amount of money involved is small, not that it matters.
I only came on here for advice as I've always found everyone friendly in the past, apologies, I'll try find help elsewhere.
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